Protecting Yourself
Peace Bonds
A peace bond is an order from a criminal court. It is an order that requires someone to keep the peace and obey any other conditions that the court puts in the order. A peace bond can be used as a form of punishment when someone has committed a minor criminal offence. The offender can be bound over to keep the peace for up to one year, which means that he has to stay out of trouble and not be charged with any criminal offences.
A peace bond can also be used in the situation where a person fears for his or her safety, or the safety of his or her children or property. A peace bond could not be used to protect from emotional or financial abuse. A court can grant a peace bond that requires the abuser to have no contact with you or your children, and to stay away from specific locations.
Applying for a peace bond
You do not need your own lawyer to apply for a peace bond and so the process can be less expensive than applying for a restraining order. Your role in the process is as a complainant. You make a formal complaint to those who work in the criminal justice system and they then handle the matter. The process can take longer than applying for a restraining order. Also, a peace bond can only be applied for during normal court hours. In an emergency, it can be faster to use the procedure offered under the Protection Against Family Violence Act to obtain an emergency protection order.
Each jurisdiction may have a slightly different procedure for applying for a peace bond. The police or the local Provincial Court - Criminal Division will be able to tell you what to do in your area. In Edmonton, for example, after you have obtained a file number from the police, you have to call the Provincial Court - Criminal Division and ask for an appointment with a Justice of the Peace. The Justice of the Peace will take down details of your complaint and forward it to the Crown Prosecutor's Office, which will determine if there are grounds for a peace bond. If there are grounds, a summons is issued for your abuser to appear in court. In a situation where the justice feels that someone may be in great danger, he or she can order the police to arrest the alleged abuser and bring him or her to court right away.
You have to be prepared to appear in court and give evidence as to why you are seeking a peace bond. If your abuser does not show up, the court may issue the peace bond if satisfied there are grounds. Anyone found to be in breach of a peace bond can be charged and convicted of an offence.
A peace bond can be granted for a maximum of twelve months. As with a restraining order, you should ensure that you carry a copy with you at all times and leave copies at your children's school and daycare; so that if necessary, a police officer knows that they have authority to arrest a person in breach of the order. Remember also to continue to take steps to guard your own safety and that of your children.
As with restraining orders, there are agencies that can assist with obtaining peace bonds. For a list of victims agencies, see http://www.solgen.gov.ab.ca/victim/ and follow the link to Related Agencies. The local police department will also be able to tell you what assistance is available in your area.
| Protecting Yourself - Continued: |
July 2003
©1998-1999 Legal Resource Centre of Alberta.
